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Conservation Act 1987

Miscellaneous

43B: Strict liability

You could also call this:

"No intention needed to be proven for breaking some conservation rules"

If you are charged with breaking a rule in Part 5B or Part 5C of the Conservation Act, or a rule made under section 48A, the court does not need to prove that you meant to break the rule. You can defend yourself by showing that you did not intend to break the rule. You must also show that you took all reasonable steps to follow the rules, such as doing what you were supposed to do or not doing what you were not supposed to do.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM106676.

Topics:
Environment and resources > ConservationCrime and justice > Criminal law
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43A: Evidence in proceedings, or

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"Breaking conservation rules can lead to big fines or even prison time."

Part 6Miscellaneous

43BStrict liability

  1. In any prosecution for any offence against any provision of Part 5B or Part 5C or any regulation made under section 48A it shall not be necessary for the prosecution to prove that the defendant intended to commit an offence.

  2. It shall be a defence in any such prosecution if the defendant proves—

  3. that the defendant did not intend to commit the offence; and
    1. that—
      1. in any case where it is alleged that anything required to be done was not done, the defendant took all reasonable steps to ensure that it was done; or
        1. in any case where it is alleged that anything prohibited was done, that the defendant took all reasonable steps to ensure that it was not done.

        Compare
        Notes
        • Section 43B: inserted, on , by section 25 of the Conservation Law Reform Act 1990 (1990 No 31).
        • Section 43B(1): amended, on , by section 6 of the Conservation Amendment Act (No 2) 1996 (1996 No 14).